Legal Question in Criminal Law in Minnesota

Restraining orders

My question is,how does one fight a restraining order that has been filed with completely false information that can be prooved to be false?Why does it cost nothing to file one and $247.00 to ask for a court date to fight it?What rights does a person have who has been a victim of this?I have been served one because a friend of my sons was kicked out of her house and she ran to my house.She did not want to go home because of the poor relationship she has with her mother.I insisted that we make some phone calls but she wouldn't.Within 3 hours the police came to take her home.3 days later my son and I both were served with restraining orders accusing me of harbouring a runaway(she was kicked out)and endangering her.This girls mother is very controling and left profanity on my cell and my sons cell as well.I would never do what I am accused of and resent the order but have to pay $247.00 apiece for my son and I to fight this just so it won't be on our records.I have a squeaky clean record by the way.What rights do my son and I have?Please help!!!!

Thanks!


Asked on 3/07/05, 9:33 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Restraining orders

How do you fight a petition to the court for a "Harassment Restraining Order"? By requesting a hearing, preparing for the hearing and showing up to contest it. If you don't show up you will lose by default. It helps a lot to have a lawyer help you with it.

Why does it cost nothing for the accuser, but $247 or so filing fee for the accused? Because the legislature wrote the statute that way. It appears to be unfair to tax justice for one side only, yet that is the statute for the time being.

If you are unemployed or otherwise very low income, you can file a "In Forma Pauperis" petition to the court to ask that the filing fees be waived. You could also include in your response to her petition, a request of an award of attorney fees and court costs, based upon frivolous allegations against you. And, if she has been harassing you, you could also file a counter petition for a harassment restraining order against her -- but beware the short time limits for all of these!

Read more
Answered on 3/08/05, 12:48 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota